Terms and Conditions

Be Sailor Limited provides online products and services (“Products”) and (“Services”) to you (“you” or “the Client”).

The Products include the sale of Products and Services at standard prices, whereby the trader provides the Products and Services subject to the following terms and conditions (“Terms”). You are accepting these Terms in order to receive the Products.

BY REGISTERING FOR AND USING THE PRODUCTS AND SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND ALL POLICIES AND GUIDELINES.

PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE. BE SAILOR LIMITED MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON PUBLISHING OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.

IF YOU DO NOT AGREE TO THESE TERMS OR ANY MODIFICATION THEREOF, DO NOT CONTINUE TO USE THE PRODUCT OR SERVICES OR THE BE SAILOR LIMITED'S WEBSITE.

1. Eligibility You are eligible to register on the Be Sailor Limited's website and use the Services if you may enter into legally binding contracts for the purchase of goods or services under applicable law. Persons under the age of eighteen (18) may not use the Services and may not register. Prior to providing you the Services, Be Sailor Limited may require that you provide a valid credit card number, billing address, and credit card expiration date or other form of payment. Be Sailor Limited may use this information to verify your name, address, and other information and to charge you for any purchases made by you on the Be Sailor Limited's website.

2. Copyright, Licenses, and Idea Submissions The entire contents of the Site are protected by international copyright and trademark laws. The owners of the copyrights and trademarks are Be Sailor Limited, its affiliates or other third-party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may print and download portions of material from the different areas of the site solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials.

3. Trademarks Publications, products, content, or services referenced herein or on the site are the exclusive trademarks of Be Sailor Limited. Other product and company names mentioned in the site may be the trademarks of their respective owners.

4. Use of the Site You understand that, except for information, products or services clearly identified as being supplied by Be Sailor Limited. Be Sailor Limited does not operate, control, or endorse any information, products, or services on the Internet in any way. Except for Be Sailor Limited -identified information, products or services, all information, products, and services offered through the Site or on the Internet generally are offered by third parties that are or are not affiliated with Be Sailor Limited. You also understand that Be Sailor Limited cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection or viruses, worms, Trojan horses, or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.

You agree not to promote anything illegal, unethical, or potentially offensive for Be Sailor Limited via use of the links, ads, emails, or any other way. You agree not to circumvent, tamper with, or defeat the intent, purpose and/or functionality of Be Sailor Limited directly or indirectly. The main intent of the Site is to provide Services for sale on the Be Sailor Limited's website.

You also understand that you may receive emails with promotional offers from the administrators of the Site. It is however our policy to keep our clients details private and therefore do not pass any details on to marketing or research companies. Personal details will NOT be disclosed or passed on to any unauthorised third party.

5. Limitation of Liability IN NO EVENT WILL BE SAILOR LIMITED BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SITE, OR DOWNLOADED FROM THE SITE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF BE SAILOR LIMITED OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE AND/OR MATERIALS OR INFORMATION OBTAINED THROUGH THE SITE. BECAUSE SOME COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH COUNTRIES, BE SAILOR LIMITED'S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET. BE SAILOR LIMITED PROVIDES THE SITE AND RELATED INFORMATION “AS IS” AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SITE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SITE OR ON THE INTERNET GENERALLY, AND BE SAILOR LIMITED SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SITE OR ON THE INTERNET GENERALLY.

Be Sailor Limited makes no representations whatsoever about any other website which you may access through this one or which may link to this Site.

6. Indemnification You agree to indemnify, defend, and hold harmless Be Sailor Limited, its officers, employees, agents, licensors, suppliers and any third-party information providers to the Site from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing the Site.

7. Third-Party Rights The provisions of paragraphs 4 (Use of the Site), and 6 (Indemnification) are for the benefit of Be Sailor Limited and its officers, employees, agents, licensors, suppliers, and any third-party information providers to the Site. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.

8. Language and Support Our written and spoken languages are English and Maltese. Should you wish to receive support and be contacted please use the Contact Form or send us an email and provide a phone number and description of your query and we will get back to you either via email or phone (kindly advise your preferred method of communication).

9. Business Terms 9.1 Terms for Renters Terms for renters apply to all individuals or entities who register on the BeSailor Limited platform as renters (“BeSailors”) for the purpose of booking or chartering a Boat from a boat owner (“Sailor”). By creating an account and proceeding with any booking, you accept these Terms in full and without reservation. Your use of the Platform constitutes a legally binding agreement with us.

Definitions “Platform” means the website www.bsailor.com and any affiliated applications. “BeSailor” means any individual or entity that books a Boat through the Platform. “Sailor” means the individual or entity offering a Boat for rental. “Boat” includes all vessels available for booking. “Booking” means the contractual agreement to rent a Boat. “Deposit” means any security amount required to be held prior to use. "Content" includes any user-generated data or material shared via the Platform.

Use of the Platform To use the Platform as a BeSailor, you must be at least 18 years of age and legally capable of entering into binding agreements; have any required sailing license or qualification necessary for the Boat you intend to operate; and not be prohibited under applicable law from using maritime services.

To register, you must provide a) full legal name and contact details; b) a secure password; c) valid payment method details; d) identification documents or sailing certification for verification purposes.

You are responsible for maintaining the confidentiality of your credentials. Any activity under your account is deemed authorized by you unless proven otherwise by BeSailor.

We reserve the right to suspend or permanently deactivate any account for any violations of these Terms, fraudulent behaviour or identity misrepresentation, misuse or abuse of Boats or platform services.

BeSailors may browse available Boats on the Platform. When making a Booking you must ensure the accuracy of selected dates, location, and any requested services. You are responsible for confirming that you meet any qualification requirements specified by the Sailor. Payment must be submitted in full at the time of Booking using approved methods.

By confirming a Booking, you agree to a) operate the Boat safely, responsibly, and lawfully, b) avoid conduct that may endanger passengers, third parties, or the Boat, c) use the Boat only within the agreed geographic area and duration.

Upon handover of the Boat, you must inspect the Boat and confirm its condition using the provided checklist, and any pre-existing damage must be documented and communicated to the Sailor before departure.

At all times you must not permit unlicensed individuals to operate the Boat, transport more passengers than legally permitted, engage in illegal fishing, smuggling, or other unlawful activities.

Failure to return the Boat at the agreed time and condition may result in additional charges, loss of deposit, or legal action.

Payments and FeesThe total fee paid includes: a) boat rental charges; b) applicable taxes and platform service fees; c) payment processing fees; d) any additional costs as specified in the Booking summary.

Payments are handled securely through our third-party payment provider. A non-refundable payment processing fee may apply to each transaction, which will be clearly displayed at the time of payment. No Booking is confirmed until full payment is received.

All payments for Bookings and any related fees must be made exclusively through the Be Sailor Limited platform. No fees, deposits, or other payments may be paid directly to the Sailor under any circumstances, and Sailors are strictly prohibited from requesting or accepting such payments. Any attempt to circumvent the platform's payment process may result in suspension or removal from the platform.

Any additional fees incurred during the charter must be settled through the platform as part of the post-Booking assessment, not directly between the parties. Refunds will be processed strictly in accordance with the provisions set out in this document. There is no separate cancellation policy unless expressly stated here. Please note that payment processing fees are non-refundable except where required by law.

Deposits and Damages Sailors may set a security deposit which We will pre-authorise or charge prior to the start of the rental. You will be informed of the amount during the Booking process. You are responsible for any loss, damage, or violation incurred during the Booking period, excluding such events as normal wear and tear or pre-existing defects documented prior to handover. Claims for damage must be supported by photographic evidence and the signed condition report. Disputes will be reviewed by Us, and the deposit may be partially or fully retained if damage is validated.

Cancellations and Refunds You may cancel a Booking subject to the Sailor's cancellation policy. Refunds are automatically calculated and returned via the original payment method, minus platform service fees where applicable. If the Sailor cancels a confirmed Booking, you will either receive a full refund or We will assist in finding a suitable alternative. Force Majeure Refunds or credits may be granted in the event of unforeseen circumstances including severe weather, accidents, port closures, or health emergencies.

Insurance and Personal Risk You are encouraged to obtain personal travel insurance that includes marine activity coverage and medical evacuation. You are to check each Listing to understand what is covered under the Sailor's Boat insurance. We are not liable for uninsured claims.

Reviews and Ratings You may submit a review of your experience after completing a Booking. Reviews must reflect truthful, factual experiences and not include offensive, discriminatory, or defamatory content. We reserve the right to moderate or remove content that violates platform rules. Consistent abuse of the review system may result in account suspension.

User Conduct You agree to act in good faith and treat all Users and Our staff with respect. Prohibited behaviour includes but is not limited to harassment or abuse of others, infringement of third-party rights, attempts to negotiate off-platform. We reserve the right to investigate and suspend accounts for any breach of these Terms, or suspected fraudulent, unsafe, or unlawful conduct. You may report misconduct or unsafe practices to BeSailor at any time through your account interface or support contact.

9.2 Terms for Owners Terms for owners apply to all individuals or entities who register on the BeSailor Limited platform as owners (“Sailors”) for the purpose of renting a Boat to renters (“BeSailor”). By registering as a Sailor, listing a boat, or otherwise using the platform in a professional or private capacity, you confirm that you accept and agree to be bound by these Terms in full. Your use of the Platform constitutes a legally binding agreement with us.

Definitions “Platform” refers to the website https://www.bsailor.com/ and associated mobile applications (if there are any). “Sailor” refers to any person or legal entity who owns, manages, or is authorised to list a boat on the Platform. “Boat” or Vessel includes all types of watercraft listed for use, rental, or charter. “BeSailor” means any individual or entity who books a Boat for recreational or other purposes via the platform. “Booking” refers to the confirmed reservation of a Boat by a BeSailor. “Commission” refers to the percentage of booking revenue payable to BeSailor as a service fee. “Listing” refers to the detailed description of a Boat, including photographs, specifications, pricing, and availability.

Use of the Platform To use the Platform as a Sailor, you must be a natural person of at least 18 years of age, or a duly registered legal entity, possess full legal capacity to enter into binding contracts, and if acting on behalf of a company, be duly authorised to do so. Ensure that any individual who operates or manages your account has proper authority and that any documents provided are true and up to date. Comply with any national or international maritime regulations, including licensing, registration, and tax obligations in your jurisdiction.

Registration and Account Management To use the Platform as a Sailor, you must create an account by providing: a) Full legal name or business name; b) Valid email address and mobile number; c) Password of your choice; d) Bank account details for payment transfers; e) Identity verification documents as required.

You agree to provide complete and accurate information during registration and to update such information when necessary. Failure to provide accurate data may result in suspension or termination of your account.

You are responsible for safeguarding your login credentials. You agree: a) not to share access with any unauthorised party; b) to notify BeSailor Limited immediately of any suspected security breach; c) that you remain liable for all actions taken through your account unless BeSailor Limited determines that your credentials were compromised through no fault of your own.

You may not create more than one account without prior written consent from BeSailor. Duplicate or fraudulent accounts will be terminated.

BeSailor Limited reserves the right to suspend or terminate your account at any time, with or without notice, for reasons including but not limited to breach of these Terms, fraudulent conduct, misuse of the Platform, or legal violations. Suspended accounts may be reinstated at BeSailor's Limited sole discretion subject to compliance and verification.

Boat Listings When creating a Boat Listing, you must include: a) At least one clear and recent photograph of the Boat; b) Accurate description including type, size, model, year, and condition; c) Home port and geographic availability; d) Availability calendar reflecting true booking windows; e) Price per rental period (hourly, daily, weekly) including VAT if applicable; f) Any mandatory charges (cleaning, fuel policy, skipper fees, etc.); g) Required qualifications for the BeSailor to operate the Boat; h) Details on insurance coverage and any limitations; i) Deposit amount and refund policy.

All information provided in the Listing must be truthful, up-to-date, and not misleading. BeSailor Limited may review and remove Listings that, including but not limited to, contain false or exaggerated claims, omit key safety information, violate applicable laws or third-party rights.

BeSailor Limited reserves the right to: a) require edits before publishing a Listing; b) adjust formatting or categorisation to match platform standards; c) remove Listings that receive repeated complaints or low ratings.

You may not publish multiple Listings for the same Boat unless: a) They differ by pricing tiers or geographic base; b) Approved by BeSailor Limited as part of a managed fleet program.

Insurance and Liability As a Sailor, you are required to maintain valid insurance policies for each Boat listed on the Platform, including but not limited to the third-party liability insurance covering bodily injury and property damage arising from the use of the Boat, hull and machinery insurance, protecting against damage, theft, or total loss, passenger liability insurance if the Boat is used for skippered or crewed charters, any compulsory insurance required by the Boat's flag state or port authority.

Commission and Payment Terms BeSailor Limited applies a commission fee to each confirmed Booking. The commission rate will be communicated prior to Listing activation and is deducted automatically from the Booking fee collected from the BeSailor. Sailors will receive the net amount (Booking fee minus Commission and any applicable costs) via bank transfer to the registered account.

BeSailor Limited may withhold or delay payment if: a) A dispute is raised between the Parties; b) There is a suspected breach of these Terms; c) The Sailor's documentation or verification status is incomplete; d) Required tax or legal compliance information is missing.

All prices and payouts are shown and paid in Euro (EUR), unless otherwise agreed. International wire transfers may be subject to conversion fees and processing charges by the receiving bank, which are the Sailor's responsibility.

Sailors must notify BeSailor Limited of any errors in payment within seven (7) days of receipt. Failure to do so will be deemed acceptance of the transaction.

BeSailor's Limited total liability in any case shall not exceed the amount of Commission received in relation to the disputed Booking, unless prohibited by applicable law.

Cancellations and Modifications You may cancel a confirmed Booking only for just cause or exceptional circumstances. Repeated or unjustified cancellations may lead to: a) loss of visibility or rating on the Platform; b) application of penalty fees; c) suspension or removal of your Listings.

BeSailors may cancel in accordance with your stated cancellation policy, which must be clearly set in each Listing as one of the following: Full refund if cancelled up to 24 hours before Booking; or 50% refund up to 3 days before; or non-refundable once confirmed.

In cases of Force Majeure, BeSailor Limited reserves the right to: a) Cancel or reschedule affected Bookings; b) Issue refund credits or monetary refunds to BeSailors; c) Waive penalties for cancellation by the Sailor.

Changes to a confirmed Booking must be agreed upon in writing between parties and submitted via the Platform using the Booking modification tools. Unilateral modifications are not enforceable and may constitute breach of contract.

11.Miscellaneous This Agreement shall all be governed and construed in accordance with the laws of Malta applicable to agreements made and to be performed in Malta. You agree that any legal action or proceeding between Be Sailor Limited and you for any purpose concerning this Agreement or the parties' obligations hereunder shall be brought exclusively in a court of competent jurisdiction sitting in Malta. Any cause of action or claim you may have with respect to the Site must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. Be Sailor Limited's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. Be Sailor Limited may assign its rights and duties under this Agreement to any party at any time without notice to you. Any rights not expressly granted herein are reserved. BeSailor is not liable for: a) any property damage, bodily injury, or loss suffered by any party; b) natural events, piracy, war, accidents, or weather-related damage; c) Incidents arising from third-party services not controlled by BeSailor Limited; d) misrepresentations made by any party.

12. Kids' Privacy We do not address anyone under the age of 18. We do not knowingly collect personally identifiable information from anyone under the age of 18. If You are a parent or guardian and You are aware that Your child has provided Us with Personal Data, please contact Us. If We become aware that We have collected Personal Data from anyone under the age of 18 without verification of parental consent, we take steps to remove that information from Our servers.

13. Changes to our Privacy Policy We may change our products and services and policies, and we may need to make changes to this Privacy Policy so that they accurately reflect our products and services and policies. Unless otherwise required by law, we will notify you (for example, through our Product and Service) before we make changes to this Privacy Policy and give you an opportunity to review them before they go into effect. Then, if you continue to use the Product and Service, you will be bound by the updated Privacy Policy. If you do not want to agree to this or any updated Privacy Policy, you can delete your account.

14. Dispute Resolution and Arbitration In the event of any dispute, claim, or controversy arising out of or relating to these Terms and Conditions, your use of the Platform, or any product or service provided by Be Sailor Limited, the parties agree to first attempt to resolve the matter amicably through direct negotiation. If the dispute cannot be resolved within thirty (30) days of written notice from one party to the other, the parties agree to submit the dispute to mediation in Malta, with the mediator to be selected by mutual agreement. If the parties are unable to resolve the dispute through mediation within sixty (60) days from the start of mediation, the dispute shall be finally settled by binding arbitration under the rules of the Malta Arbitration Centre. The arbitration shall be conducted in English, by a single arbitrator appointed in accordance with those rules. The seat of arbitration shall be Malta. The arbitrator's decision shall be final and binding, and judgment on the award may be entered in any court of competent jurisdiction. Nothing in this clause prevents either party from seeking urgent interim relief or injunctions from the Maltese courts.

15. Governing Law and Consumer Affairs Act These terms and conditions shall be subject to and governed by Maltese law. Any disputes, claim or controversy arising out of or in connection with this Agreement, shall be or the breach, termination or invalidity thereof, shall be settled by the Courts of Malta.

16. Your Suggestions Any feedback, comments, ideas, improvements, or suggestions (collectively, “Suggestions”) provided by you to feedback@bsailor.com with respect to the website shall remain the sole and exclusive property of Be Sailor Limited.

Be Sailor Limited shall be free to use, copy, modify, publish, or redistribute the Suggestions for any purpose and in any way without any credit or any compensation to you.

CONTACT US

Don't hesitate to contact us if you have any questions.feedback@bsailor.com

Smooth sailing, The Bsailor.com Crew